Melvin v. Arthrex, Inc.
| Jane Melvin |
| Arthrex, Inc. |
| 7:2022cv01004 |
| February 4, 2022 |
| US District Court for the Southern District of New York |
| Kenneth M Karas |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on August 31, 2022. A more recent docket listing may be available from PACER.
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Filing 25
MEMO ENDORSEMENT on re: #24 Letter motion withdrawal filed by Jane Melvin. ENDORSEMENT: Granted. The Clerk is to terminate the Motion to Remand (Doc. # 17). So Ordered. (Signed by Judge Kenneth M. Karas on 3/22/22) (yv)
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| Filing 24 LETTER addressed to Judge Kenneth M. Karas from Gregory Saracino dated March 22, 2022 re: motion withdrawal. Document filed by Jane Melvin..(Saracino, Gregory) |
| Filing 23 ***SELECTED PARTIES***DECLARATION of Lauren Mears in Opposition re: #17 MOTION to Remand to State Court .. Document filed by Arthrex, Inc., Jane Melvin. (Attachments: #1 Exhibit A - Unredacted Email Chain, #2 Exhibit B - 12/31/2021 Letter, #3 Exhibit C - Sec of State Mailing)Motion or Order to File Under Seal: #22 .(Goldstein, Philip) |
| Filing 22 LETTER MOTION to Seal Exhibit A to Mears Declaration (ECF 19-1) addressed to Judge Kenneth M. Karas from Philip A. Goldstein dated 3/15/2022. Document filed by Arthrex, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order).(Goldstein, Philip) |
| Filing 21 DECLARATION of Chris Highman in Opposition re: #17 MOTION to Remand to State Court .. Document filed by Arthrex, Inc.. (Attachments: #1 Exhibit A - 12/31/2021 Letter, #2 Exhibit B - Envelope from the State of New York, Department of State).(Goldstein, Philip) |
| Filing 20 DECLARATION of Barbara Szymanski in Opposition re: #17 MOTION to Remand to State Court .. Document filed by Arthrex, Inc.. (Attachments: #1 Exhibit A - 12/31/2021 Letter).(Goldstein, Philip) |
| Filing 19 DECLARATION of Lauren Mears in Opposition re: #17 MOTION to Remand to State Court .. Document filed by Arthrex, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Goldstein, Philip) |
| Filing 18 MEMORANDUM OF LAW in Opposition re: #17 MOTION to Remand to State Court . . Document filed by Arthrex, Inc...(Goldstein, Philip) |
| Filing 17 MOTION to Remand to State Court . Document filed by Jane Melvin. (Attachments: #1 Declaration of Gregory Saracino, #2 Memorandum of Law, #3 Exhibit "A" - Summons and Complaint, #4 Exhibit "B" - Notice of Removal with its Exhibits (redacted), #5 Exhibit "C" - 10/12/21 Email from Arthrex (redacted), #6 Exhibit "D" - 10/13/21 Letter from Attorney Saracino to Arthrex (redacted), #7 Exhibit "E" - 11/2/21 Email from Attorney Saracino to Arthrex (redacted), #8 Exhibit "F" - 11/4/21 Letter from Attorney Saracino to Arthrex, #9 Exhibit "G" - Servico Inc.'s 12/2/21 Affidavit of Service, #10 Exhibit "H" - 12/31/21 CPLR 3215 Cover Letter, #11 Exhibit "I" - Saracino 12/31/21 Affirmation of Service, #12 Exhibit "J" - 1/6/22 Email Chain between Attorney Saracino and L. Mears at Arthrex).(Saracino, Gregory) |
| Filing 16 REDACTION to #1 Notice of Removal, #15 Order,, by Arthrex, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Certificate of Service).(Goldstein, Philip) |
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Filing 15
ORDER ON SEALING PORTIONS OF THE NOTICE OF REMOVAL. IT IS ON THIS 24th DAY OF February, 2022, ORDERED as follows: 1. Plaintiff's request to seal or redact paragraphs 23 through 25 of Arthrex, Inc.'s notice of removal is hereby GRANTED; 2. The Clerk of Court is directed to change the viewing level of ECF Doc. 1 in Case No. 7:22-cv-01004 (KMK)(JCM) so that only the Court and counsel of record in this matter can access that document; and 3. Arthrex, Inc. shall promptly file the original notice of removal, with paragraphs 23 through 25 redacted, as a new document. (Signed by Judge Kenneth M. Karas on 2/24/22) (yv)
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| Filing 14 LETTER addressed to Judge Kenneth M. Karas from Philip A. Goldstein dated 2/24/2022 re: The Courts Sealing Directive from the February 22, 2022 Hearing. Document filed by Arthrex, Inc.. (Attachments: #1 Text of Proposed Order).(Goldstein, Philip) |
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Filing 13
ORDER granting #9 Letter Motion for Leave to File Document. The Court adopts the following briefing schedule: Plaintiff shall file its Motion for Remand by no later than March 8, 2022. Defendant shall file a response by no later than March 15, 2022. Plaintiff shall file a reply by no later than March 22, 2022. SO ORDERED. (Signed by Judge Kenneth M. Karas on 2/22/22) (yv)
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| Set/Reset Deadlines: Motions due by 3/8/2022. Responses due by 3/15/2022. Replies due by 3/22/2022. (yv) |
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Filing 12
NOTICE OF TELECONFERENCE INFORMATION: For the week of February 22, 2022, the Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designated time. Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195 Please enter the conference as a guest by pressing the pound sign (#). Given that much of the Court is operating remotely and has limited mail capability, counsel involved in any pro se cases shall mail a copy of this Notice to or otherwise inform the pro se party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the above-referenced number. For initial conferences, counsel shall submit a proposed case management and discovery schedule via ECF by 5 p.m. on the evening before the initial conference. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. SO ORDERED (Signed by Judge Kenneth M. Karas on 2/18/2022) (ama)
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| Filing 11 LETTER RESPONSE to Motion addressed to Judge Kenneth M. Karas from Philip A. Goldstein dated 2/18/2022 re: #9 LETTER MOTION for Leave to File a motion to remand; the letter also seeks the redaction of confidential settlement negotiation content within the defendants Notice of Removal; the letter also addresses the statute of limitations argument raised by t . Document filed by Arthrex, Inc...(Goldstein, Philip) |
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Filing 10
MEMO ENDORSEMENT on re: #9 LETTER MOTION for Leave to File a motion to remand; the letter also seeks the redaction of confidential settlement negotiation content within the defendants Notice of Removal; the letter also addresses the statute of limitations argument raised by t filed by Jane Melvin, ENDORSEMENT: Defendant is to respond to this letter by 2/18/22. The Court will hold a conference on 2/22/22, at 10:30. So Ordered. (Signed by Judge Kenneth M. Karas on 2/14/2022) ( Responses due by 2/18/2022, Status Conference set for 2/22/2022 at 10:30 AM before Judge Kenneth M. Karas.) (ks)
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| Filing 9 LETTER MOTION for Leave to File a motion to remand; the letter also seeks the redaction of confidential settlement negotiation content within the defendants Notice of Removal; the letter also addresses the statute of limitations argument raised by the defendant Arthrex, Inc. addressed to Judge Kenneth M. Karas from Gregory Saracino dated February 14, 2022. Document filed by Jane Melvin. (Attachments: #1 Exhibit "A" - Affidavit of Service as Filed in State Court, #2 Exhibit "B" - CPLR 3215 (g)(4)(i) Additional Notice Letter as Filed in State Court, #3 Exhibit "C" - Affirmation of Service of CPLR 3215 (g)(4)(i) Additional Notice Letter as Filed in State Court).(Saracino, Gregory) |
| Filing 8 NOTICE OF APPEARANCE by Mark Eldridge Anderson on behalf of Arthrex, Inc...(Anderson, Mark) |
| Filing 7 LETTER addressed to Judge Kenneth M. Karas from Philip A. Goldstein dated 2/9/2022 re: Pre-Motion Letter - Arthrex's Motion to Dismiss. Document filed by Arthrex, Inc...(Goldstein, Philip) |
| Filing 6 NOTICE OF APPEARANCE by Philip A. Goldstein on behalf of Arthrex, Inc...(Goldstein, Philip) |
| Filing 5 NOTICE OF APPEARANCE by Peter John Morris on behalf of Jane Melvin..(Morris, Peter) |
| Filing 4 NOTICE OF APPEARANCE by Gregory Saracino on behalf of Jane Melvin..(Saracino, Gregory) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Philip A. Goldstein. The following case opening statistical information was erroneously selected/entered: Dollar Demand $75,000,000. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $75,000. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(sj) |
| Magistrate Judge Judith C. McCarthy is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sj) |
| Case Designated ECF. (sj) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Arthrex, Inc...(Goldstein, Philip) |
| Filing 2 CIVIL COVER SHEET filed..(Goldstein, Philip) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Orange. Case Number: EF007934-2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-25684880).Document filed by Arthrex, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Certificate of Service).(Goldstein, Philip) |
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| Plaintiff: Jane Melvin | |
| Represented By: | Gregory Saracino |
| Represented By: | Peter John Morris |
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| Defendant: Arthrex, Inc. | |
| Represented By: | Philip A. Goldstein |
| Represented By: | Mark Eldridge Anderson |
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